TERMS OF USE

Welcome to www.membershealthplan.com, a website herein referred to as “website” or ‚”site”. This website is owned and operated by the Texas Professional Service Providers Benefits Trust operating under the brand of Members Health Plan, a health benefits trust for Texas & Arkansas Law Firms, herein referred to as “MHP”.

Acceptance of Terms
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEBSITE AND THE SERVICES OFFERED ON THIS WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR ACCESS AND USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use this website or any of its related services.

The services that MHP provides to you are subject to the following Terms of Use. MHP reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the ‚”Terms of Use”‚ hypertext link on this website.

Description of Services
This website is designed to allow visitors to research and evaluate products and other services. If you visit this website, receive quotes, or purchase a product or service at www.membershealthplan.com, you accept these conditions.

Through its Web properties, MHP provides you with access to a variety of resources, including download areas, communication forum and product information (collectively ‚”Services”). The Services, including any updates, enhancements, new features are subject to the Terms of Use. MHP does not endorse any particular health care coverage plan, provider, or agent. Any information provided about any particular health care coverage plan, provider, or agent shall not be construed as an endorsement by MHP.

Your Use of The website
You warrant and agree that, while using the website, you will not do any of the following:

  • impersonate any other person or entity
  • submit any information pertaining to a third party without that party’s understanding and express consent
  • submit false or misleading information
  • exploit this Service for any commercial reason
  • engage in any activity prohibited under the CAN-SPAM Act
  • engage in any criminal or otherwise unlawful behavior
  • commit any action which could give rise to civil liability
  • restrict others from making use of this website
  • upload or attempt to upload any computer virus, malicious computer code, file program, or any other digital property
  • commit any action that interferes with, blocks, or otherwise harms the website

Your Account
If you use this Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Further, by using this Web Site, you warrant that you are at least 18 years of age and possess the legal authority to use this Web Site. MHP does not sell products to minors, but it sells them to adults. If you are purchasing a product on behalf of a minor, you agree to supervise all usage of this Web Site by minors under your name or account. MHP reserves the right to refuse service, terminate accounts or remove or edit content in its sole discretion.

Existing Health Care Coverage or Services
DO NOT CANCEL ANY EXISTING HEALTH CARE COVERAGE, INSURANCE, OR SERVICE UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM THE COMPANY OR SERVICE PROVIDER TO WHICH YOU ARE APPLYING THAT YOUR NEW COVERAGE OR SERVICE IS IN EFFECT.

Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Services are for your personal and non-commercial use.
In consideration of your use of the website, you agree to provide true, accurate and current information about yourself as prompted by the required registration forms. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or service found on or obtained from the Site; provided that you may download, reproduce, and retransmit MHP Information solely for non-commercial purposes within your organization. With the exception of the foregoing limited authorization, no license or right in any copyright of MHP or any other party is granted or conferred to you.
We reserve all the rights to our Site contents, and may at our discretion change the contents of the Site, or restrict access to certain sections of the Site, or to discontinue any aspect of the Site, including, but not limited to content, features, hours of availability, without notice or penalty.

Privacy and Protection of Personal Information
See the Privacy Statement relating to the collection and use of your information.

Notice Specific to Documents and Forms Available on this Web Site
Permission to use Documents (such as PowerPoints, videos, press releases, proposals, and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the memberbenefits.com Website or any other MHP owned, operated, licensed or controlled site. Elements of MHP Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any MHP Website may be copied or retransmitted unless expressly permitted by MHP.

Member Account, Password and Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MHP immediately of any unauthorized use of your account or any other breach of security. MHP will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MHP or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any MHP server, or the network(s) connected to any MHP server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any MHP server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Copyright and Proprietary Rights Information
The Site may contain technical inaccuracies or typographical errors or omissions. MHP reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.

This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of MHP. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of MHP and/or other parties is granted to or conferred upon you.

MHP does not claim ownership of the materials you provide to MHP (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the Members of any public or private community, (each “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting MHP, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all MHP Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. MHP is under no obligation to post or use any Submission you may provide and MHP may remove any Submission at any time in its sole discretion.

Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent.

Links to Third Party Sites
THE LINKS IN THIS AREA WILL LET YOU LEAVE MHP SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MHP AND MHP IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MHP IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MHP IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MHP OF THE SITE.

Links to the Web Site
You may not establish a hypertext “link” to the Web Site and/or distribute, modify or re-use the text or graphics of the Site unless you obtain prior express written permission from MHP allowing you to do so.

Governing Law
Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Texas applicable to contracts entered into and to be performed entirely within the State of Texas.

No Unlawful or Prohibited Use. As a condition of your use of the Site, you warrant to MHP that you will not use the Site for a purpose that is unlawful or prohibited by these terms, conditions, and notices.

Disclaimer of Warranties and Limited Liability
THIS WEBSITE IS PROVIDED BY MHP ON AN “AS IS” AND “AS AVAILABLE” BASIS. MHP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ANY LINKS TO OTHER WEBSITES ARE PROVIDED AS A COURTESY. THEY ARE NOT INTENDED TO NOR DO THEY CONSTITUTE AN ENDORSEMENT BY THE MHP OF THE LINKED MATERIALS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MHP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MHP DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE MHP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.MHP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF THE MHP IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.